Schools-conversion to use by local communities.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0068

HOUSE BILL
NO.
HB0209

Schools-conversion to use by local communities.

Sponsored by:
Representative(s)

Wasserburger

A BILL

for

AN ACT relating to the administration of government; establishing a program assisting local governments in converting school facilities to community uses; establishing an account and funds for the program; amending business ready community funding provisions; providing for administration; providing for a continuous appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 9
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12
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801 and 9
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12
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802 are created to read:

ARTICLE 8
PUBLIC SCHOOL FACILITY CONVERSION PROGRAM

9
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12
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801.

Public school facility conversion account.

The public school facility conversion account is created and shall consist of all f
unds
credited to the account under W.S. 9
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601(b) and as otherwise provided by law. Funds in the account are continuously appropriated to the council to be used only for grants authorized to be made under this article.

9
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802.

Public
school facility conversion program; purpose; grants; application; council duties and rulemaking; action on grant applications.

(a)

It is the purpose of this article to promote the preservation of public school buildings in the state of Wyoming which have been removed from the building inventory of a school district pursuant to the facility planning process under W.S. 21
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116, and in so doing, to also promote economic development at the city, town and county level.

(b)

The council shall establish and administer a public school facility conversion program as provided by this article. Any city, town or county may submit an application to the council for a grant under this program on forms prescribed by and subject to rules promulgated by the council. Grants may be applied for by a joint powers board with the approval of all participating agencies to the joint powers agreement. Grants may be made by the council to purchase, renovate or enhance a building or facility formerly owned by a school district and located within the boundaries of the governmental entity applying for a grant under this article, subject to approved applications and rules of the council. Boundaries of the governmental entity for purposes of a joint powers board shall include the boundaries of each participating governmental agency in the joint powers agreement. In addition, grants may be made under this article to purchase an interest in or to fund a cooperative agreement with a school district to convert or otherwise continue operation of a facility which exceeds statewide building and facility adequacy standards established by the school facilities commission under W.S. 21
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115. Nothing in this article prohibits an applicant from contracting with a community or state development agency for purposes of this article.

(c)

Grants shall be used to finance not more than fifty percent (50%) of the cost of the total project related to any one (1) building or facility.

(d)

In adopting rules to implement this section and reviewing grant applications, the council shall give priority to projects undertaken in conjunction with the school district facility planning process under W.S. 21
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116 which convert or otherwise continue the operation of school facilities to be excluded from a district's building inventory and such facilities are suitable for housing community events or for operation as public meeting facilities and public recreational and athletic facilities. In reviewing grant applications, the council shall also consider the ability of an applicant to fund remaining costs of the proposed project, including future facility maintenance costs.

(e)

No grant shall be awarded under this article unless the applicant demonstrates to the council that upon receipt of the grant, all estimated project costs will be funded. In addition, no grant shall be awarded by the council unless the applicant demonstrates funds are or will be committed for facility maintenance over a period of not less than ten (10) years. The application shall identify the source of all funds to be used for the costs identified under this subsection.

(f)

All completed applications to participate in the grant program established under this article which conform with the criteria established by this article and rules promulgated under this article and are submitted to the council in accordance with procedures prescribed by the council shall be considered by the council. The council shall approve or disapprove each application it considers in accordance with this article and rules of the council.

Section 2.

W.S. 9
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601(b)(i), (iv)(A), (B), (v)(intro) and (B) and 9
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102(a)(vii) are amended to read:

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601.

Distribution and use; funds, accounts, cities and towns benefited; exception for bonus payments.

(b)

The state treasurer shall ascertain and withhold all bonus payments received from the federal government attributable to coal, oil shale or geothermal leases of federal land within Wyoming and shall distribute it as follows:

(i)

Fifty percent (50%), the first seven million five hundred thousand dollars ($7,500,000.00) of which shall be distributed as follows, but for the fiscal years beginning
July 1, 2004 and
July 1, 2005
and ending June 30, 2015
any amount in excess of seven million five hundred thousand dollars ($7,500,000.00) shall be deposited in accordance with paragraph (v) of this subsection, and thereafter any amount in excess of seven million five hundred thousand dollars ($7,500,000.00) per year shall be deposited into the school capital construction account established under W.S. 21
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111(a)(i):

(iv)

And:

(A)

Ten percent (10%) but not to exceed one million six hundred thousand dollars ($1,600,000.00) per year, to an earmarked revenue fund account which may be expended by the community college commission in accordance with and in addition to appropriations available under W.S. 21-18-205(c). For the fiscal years beginning
July 1, 2004 and
July 1, 2005
and ending June 30, 2015
, any amount in excess of one million six hundred thousand dollars ($1,600,000.00) shall be deposited in accordance with paragraph (v) of this subsection. Thereafter any amount in excess of one million six hundred thousand dollars ($1,600,000.00) together with any unexpended revenues within the account at the end of any biennial budget period shall be credited to the school capital construction account established under W.S. 21
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111(a)(i);

(B)

For the fiscal years beginning
July 1, 2004 and
July 1, 2005
and ending June 30, 2015
, forty percent (40%) to be deposited in accordance with paragraph (v) of this subsection and thereafter to the school capital construction account established under W.S. 21
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111(a)(i).

(v)

For the fiscal years beginning
July 1, 2004 and
July 1, 2005
and ending June 30, 2015
, after making the distributions provided for in paragraphs (i) and (iv) of this subsection the following amounts, as limited by and as reduced in accordance with this paragraph, shall be deposited in the
business ready community
public school facility conversion
account established by W.S.
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602
9
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801
. The amounts specified shall be deposited to the
business ready community
public school facility conversion
account in the fiscal year specified but only if as of July 1 of the specified fiscal year, using the most recent consensus revenue estimating group estimates, there is projected to be a positive balance in the school capital construction account as of June 30 of that fiscal year, after all appropriations from that account for the purposes specified in W.S. 21
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111(a)(i), for that fiscal year are deducted. Amounts deposited to the
business ready community
public school facility conversion
account pursuant to this paragraph shall be
deposited as provided by W.S. 9
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602. These deposits shall be
reduced as necessary to maintain a projected positive balance in the school capital construction account after all appropriations from that account for the purposes specified in W.S. 21
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111(a)(i), for the applicable fiscal year, are deducted. After the amounts are deposited in the
business ready community
public school facility conversion
account in accordance with this paragraph, any remaining amounts shall be deposited in the school capital construction account established under W.S. 21
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111(a)(i):

(B)

For
the
each
fiscal year
beginning with the fiscal year
commencing July 1, 2005
through the fiscal year ending June 30, 2015
–
ten million dollars ($10,000,000.00)
five million dollars ($5,000,000.00)
.

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102.

Definitions.

(a)

As used in this act, the following terms have the following meanings, except where the context clearly indicates otherwise:

(viii)

"This act" means W.S. 9
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101 through
9
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603
9
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802
.

Section 3.

W.S. 9
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601(b)(v)(A) is repealed.

Section 4.

This act is effective July 1, 2005.

(END)

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HB0209